Page images
PDF
EPUB

it includes all charges made up to its date and not previously certified, that he has had a reasonable opportunity to be heard and has not been relieved of responsibility; the effect of such certificate, when received, shall be the same as if the facts therein set forth had been ascertained by the General Accounting Office. (Mar. 2, 1894, sec. 2, 28 Stat. 47; June 10, 1921, sec. 304, 42 Stat. 24; 31 U. S. C., sec. 90.) 1654. Manner of making returns.-That the manner of making property returns to or in any administrative bureau or department, or of ascertaining liability for property, under existing laws and regulations, shall not be affected by this Act [31 U. S. C., secs. 8992], except as provided in section one [31 U. S. C., sec. 89]; but in all cases arising as to such property so entrusted the officer or agent shall have an opportunity to relieve himself from liability. (Mar. 29, 1894, sec. 3, 28 Stat. 47; 31 U. S. C., sec. 91.)

1655. Regulations.-That the heads of the several Departments are hereby empowered to make and enforce regulations to carry out the provisions of this Act [31 U. S. C., secs. 89-92]. (Mar. 29, 1894, sec. 4, 28 Stat. 47; 31 U. S. C., sec. 92.)

1656. Allowances of lost checks.-Whenever the disbursing officer or agent by whom was issued any check which has been lost, destroyed, or stolen, is dead, or no longer in the service of the United States, the General Accounting Office shall state an account in favor of the owner of such original check for the amount thereof, and charge such amount to the account of such officer or agent. (R. S., secs. 300, 3647; May 27, 1908, 35 Stat. 415; Feb. 23, 1909, 35 Stat. 644; June 10, 1921, sec. 304, 42 Stat. 24; 31 U. S. C., sec. 119.)

THE TREASURER

1657. Liabilities outstanding 3 or more years.-At the termination of each fiscal year all amounts of moneys that are represented by certificates, drafts, or checks, issued by the Treasurer, or by any disbursing officer of any Department of the Government, upon the Treasurer or designated depositary of the United States, or upon any national bank designated as a depositary of the United States, and which shall be represented on the books of either of such offices as standing to the credit of any disbursing officer, and which were issued to facilitate the payment of warrants, or for any other purpose in liquidation of a debt due from the United States, and which have for three years or more remained outstanding, unsatisfied, and unpaid, shall be deposited by the Treasurer, to be covered into the Treasury by warrant, and to be carried to the credit of the parties in whose favor such certificates, drafts, or checks were respectively issued, or to the persons who are entitled to receive pay therefor, and into an appropriation account to be denominated "outstanding liabilities." (R. S., sec. 306; May 29, 1920, sec. 1, 41 Stat. 654; 31 U. S. C., sec. 149.)

1658. Vouchers for drafts remaining unpaid.-The certificate of the Secretary of the Treasury, stating that the amount of any draft issued by the Treasurer, to facilitate the payment of a warrant directed to him for payment, has remained outstanding and unpaid for three years or more, and has been deposited and covered into the Treasury in the manner prescribed by the preceding section [31 U. S. C., sec. 149], shall be, when attached to any such warrant, a sufficient voucher in satisfaction of any such warrant or part of any warrant, the same

as if the drafts correctly indorsed and fully satisfied were attached to such warrant or part of warrant. And all such moneys mentioned in this and in the preceding section shall remain as a permanent appropriation for the redemption and payment of all such outstanding and unpaid certificates, drafts, and checks. (R. S., sec. 307; July 31, 1894, sec. 16, 28 Stat. 210; 31 U. S. C., sec. 150.)

1659. Payment upon presentation of outstanding drafts.-The payee or the bona-fide holder of any draft or check the amount of which has been deposited and covered into the Treasury pursuant to the preceding sections [31 U. S. C., secs. 149, 150], shall, on presenting the same to the proper officer of the Treasury, be entitled to have it paid by the settlement of an account and the issuing of a warrant in his favor, according to the practice in other cases of authorized and liquidated claims against the United States. (R. S., sec. 308; 31 U. S. C., sec. 151.)

1660. Accounts of disbursing officers unchanged for 3 years.-The amounts, except such as are provided for in section three hundred and six [31 U. S. C., sec. 149], of the accounts of every kind of disbursing officer, which shall have remained unchanged, or which shall not have been increased by any new deposit thereto, nor decreased by drafts drawn thereon, for the space of three years, shall in like manner be covered into the Treasury, to the proper appropriation to which they belong; and the amounts thereof shall, on the certificate of the Treasurer that such amount has been deposited in the Treasury, be credited by the General Accounting Office on the books of the Department, to the officer in whose name it had stood on the books of the General Accounting Office, if it appears that he is entitled to such credit. (R. S., sec. 309; June 10, 1921, sec. 305, 42 Stat. 24; 31 U. S. C., sec. 152.)

1661. Reports by Treasurer and depositaries.-The Treasurer, each designated depositary of the United States, and the cashier of each of the national banks designated as such depositaries, shall, at the close of business on every thirtieth day of June, report to the Secretary of the Treasury the condition of every account standing, as in the preceding section specified, on the books of their respective offices, stating the name of each depositor, with his official designation, the total amount remaining on deposit to his credit, and the dates, respectively, of the last credit and the last debit made to each account. (R. S., sec. 310; July 1, 1916, sec. 5, 39 Stat. 336; May 29, 1920, 41 Stat. 654; 31 U. S. C., sec. 153.)

1662. Reports of unpaid checks by General Accounting Office.-That hereafter at the termination of each fiscal year the General Accounting Office shall report to the Secretary of the Treasury all checks issued by any disbursing officer of the Government as shown by his accounts rendered to the General Accounting Office, which shall then have been outstanding and unpaid for three years or more, stating fully in such report the name of the payee, for what purpose each check was given, the office on which drawn, the number of the voucher received therefor, the date, the number, and the amount for which it was drawn, and, when known, the residence of the payee. (July 1, 1916, sec. 5, 39 Stat. 336; June 10, 1921, sec. 304, 42 Stat. 24; 31 U. S. C., sec. 154.)

BUREAU OF ENGRAVING AND PRINTING

1663. Impressions of portraits.-That the Secretary of the Treasury at the request of a Senator, Representative, or Delegate in Congress, the head of a department or bureau, art association, or library, be, and he is hereby authorized to furnish impressions from any portrait or vignette which is now, or may hereafter be, a part of the engraved stock of the Bureau of Engraving and Printing, at such rates and under such conditions as he may deem necessary to protect the public interests. (Dec. 22, 1879, 21 Stat. 59; 31 U. S. C., sec. 174.)

DEBTS DUE BY OR TO THE UNITED STATES

1664. Oath by persons prosecuting claims.-Any person prosecuting claims, either as attorney or on his own account, before any of the Departments or Bureaus of the United States, shall be required to take the oath of allegiance, and to support the Constitution of the United States, as required of persons in the civil service. (R. S., ⚫ sec. 3478; 31 U. S. C., sec. 204.)

1665. Settlement of claims not exceeding $1,000; certification to Congress of amounts found due; time of presentation.-That authority is hereby conferred upon the head of each department and establishment acting on behalf of the Government of the United States to consider, ascertain, adjust, and determine any claim accruing after April 6, 1917, on account of damages to or loss of privately owned property where the amount of the claim does not exceed $1,000, caused by the negligence of any officer or employee of the Government acting within the scope of his employment. Such amount as may be found to be due to any claimant shall be certified to Congress as a legal claim for payment out of appropriations that may be made by Congress therefor, together with a brief statement of the character of each claim, the amount claimed, and the amount. allowed: Provided, That no claim shall be considered by a department or other independent establishment unless presented to it within one year from the date of the accrual of said claim. (Dec. 28, 1922, sec. 2, 42 Stat. 1066; 31 U. S. C., sec. 215.)

1666. Definitions.-That when used in this Act [31 U. S. C., secs. 215-217] the terms "department and establishment" and "department or establishment " mean any executive department or other independent establishment of the Government; the word "employee shall include enlisted men in the Army, Navy, and Marine Corps. (Dec. 28, 1922, sec. 1, 42 Stat. 1066; 31 U. S. C., sec. 216.)

[ocr errors]

1667. Acceptance of amount found due deemed full settlement. That acceptance by any claimant of the amount determined under the provisions of this Act shall be deemed to be in full settlement of such claim against the Government of the United States. (Dec. 28, 1922, sec. 3, 42 Stat. 1066; 31 U. S. C., sec. 217.)

1667a. False claims; liability for when made to officers in civil, military, or naval service.-Every person who makes or causes to be made, or presents or causes to be presented, for payment or approval, to or by any person or officer in the civil, military, or naval service of the United States, any claim upon or against the Government of the United States, or any department or officer thereof, knowing such claim to be false, fictitious, or fraudulent, or who, for the purpose of

obtaining or aiding to obtain the payment or approval of such claim, makes, uses, or causes to be made or used, any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry, or who enters into any agreement, combination, or conspiracy to defraud the Government of the United States, or any department or officer thereof, by obtaining or aiding to obtain the payment or allowance of any false or fraudulent claim, or who, having charge, possession, custody, or control of any money or other public property used or to be used in the military or naval service, who, with intent to defraud the United States or willfully to conceal such money or other property, delivers or causes to be delivered, to any other person having authority to receive the same, any amount of such money or other property less than that for which he received a certificate or took a receipt, and every person authorized to make or deliver any certificate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing, or other property so used or to be used, who makes or delivers the same to any other person without a full knowledge of the truth of the facts stated therein, and with intent to defraud the United States, and every person who knowingly purchases or receives in pledge for any obligation or indebtedness from any soldier, officer, sailor, or other person called into or employed in the military or naval service any arms, equipments, ammunition, clothes, military stores, or other public property, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same, every person so offending in any of the matters set forth in this section shall be imprisoned at hard labor for not less than one nor more than five years, or fined not less than one thousand nor more than five thousand dollars. (R. S., sec. 5438; 31 U. S. C., sec. 231.)

1667b. Same; liability of persons not in military or naval forces for making. Any person not in the military or naval forces of the United States, or in the militia called into or actually employed in the service of the United States, who shall do or commit any of the acts prohibited by any of the provisions of section fifty-four hundred and thirty-eight, Title "Crimes", shall forfeit and pay to the United States the sum of two thousand dollars, and, in addition, double the amount of damages which the United States may have sustained by reason of the doing or committing such act, together with the costs of suit; and such forfeiture and damages shall be sued for in the same suit. (R. S., sec. 3490; 31 U. S. C., sec. 231.)

1667c. Same; suit.-The several district courts of the United States, the Supreme Court of the District of Columbia, the several district courts of the Territories of the United States, within whose jurisdictional limits the person doing or committing such act shall be found, shall, wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit. Such suit may be brought and carried on by any person, as well for himself as for the United States; the same shall be at the sole cost and charge of such person, and shall be in the name of the United States, but shall not be withdrawn or discontinued without the consent, in writing, of the judge of the court and the district attorney, first filed in the case, setting forth their reasons for such consent. (R. S., sec. 3491; 31 U. S. C., sec. 232.)

1667d. Same; duty of district attorney.-It shall be the duty of the several district attorneys of the United States for the respective districts, for the District of Columbia, and for the several Territories, to be diligent in inquiring into any violation of the provisions of section thirty-four hundred and ninety [31 U. S. C., sec. 391] by persons liable to such suit, and found within their respective districts or Territories, and to cause them to be proceeded against in due form of law for the recovery of such forfeiture and damages. And such person may be arrested and held to bail in such sum as the district judge may order, not exceeding the sum of two thousand dollars, and twice the amount of the damages sworn to in the affidavit of the person bringing the suit. (R. S., sec. 3492; 31 U. S. C., sec. 233.)

1667e. Same; right of person bringing suit.-The person bringing said suit and prosecuting it to final judgment shall be entitled to receive one-half the amount of such forfeiture, as well as one-half the amount of the damages he shall recover and collect; and the other half thereof shall belong to and be paid over to the United States; and such person shall be entitled to receive to his own use all costs the court may award against the defendant, to be allowed and taxed according to any provision of law or rule of court in force, or that shall be in force in suits between private parties in said court: Provided, That such person shall be liable for all costs incurred by himself in the case, and shall have no claim therefor on the United States. (R. S., sec. 3493; 31 U. S. C., sec. 233.)

1667f. Same; statute of limitations.-Every such suit shall be commenced within six years from the commission of the act, and not afterward. (R. S., sec. 3494; 31 U. S. C., sec. 234.)

1667g. Meritorious claims against United States not subject to lawful adjustment; submission to Congress by Comptroller General.-That when there is filed in the General Accounting Office a claim or demand against the United States that may not lawfully be adjusted by the use of an appropriation theretofore made, but which claim or demand in the judgment of the Comptroller General of the United States contains such elements of legal liability or equity as to be deserving of the consideration of the Congress, he shall submit the same to the Congress by a special report containing the material facts and his recommendation thereon. (Apr. 10, 1928, 45 Stat. 413; 31 U. S. C., sec. 236.)

THE PUBLIC MONEYS

1668. Certain duties of Division of Public Moneys transferred to Division of Bookkeeping and Warrants.-The duties now appertaining to the Division of Public Moneys of the Office of the Secretary of the Treasury, so far as they relate to the covering of revenues and repayments into the Treasury, the issue of duplicate checks and warrants, and the certification of outstanding liabilities for paynient shall be performed by the Division of Bookkeeping and Warrants of the Office of the Secretary of the Treasury. (June 10, 1921, sec. 308, 42 Stat. 25; 31 U. S. C., sec. 471.)

1669. Bond of special agents.-Whenever it becomes necessary for the head of any Department or office to employ special agents, other than officers of the Army or Navy, who may be charged with the disbursement of public moneys, such agents shall, before entering

« PreviousContinue »